That concern is a real and serious one, but there is also a more direct and crude problem: parties (or their lawyers) bribing, or making backdoor deals with, the arbitrators to secure a favorable outcome.

Crystallex — owed $1.4 billion for the expropriation of its Venezuela mining subsidiary — has moved U.S. Federal Court in Delaware to seize Petroleos de Venezuela Holding, the parent company of PDVSA’s American unit Citgo Holding.

More than 100 U.S. business groups and associations are pushing the Trump administration to not only preserve investor-state dispute settlement and related provisions in an updated NAFTA agreement but to also strengthen them to further protect intellectual property and interests.

The Bilcon tribunal ruling raises a number of concerns about the ability of investor protection tribunals to properly assess whether a foreign investor has been treated fairly under a domestic environmental assessment process.

About the ISDS platform

The ISDS platform is a resource tool about the controversial investor-state dispute settlement (ISDS) mechanism in trade and investment agreements. It aims to provide the latest news, campaign tools and critical analysis to groups engaged in defeating ISDS.